Farquhar v. Brown
Massachusetts Supreme Judicial Court
Contract upon an account annexed for work and materials. Answer, a general denial. Trial in the Superior Court, before-Putnam, J., who reported the case for the determination of this court, in substance as follows: It appeared in evidence that the defendant made a written contract with J. F. Tilley, by which the latter was to erect a building for him in Hyde Park, the contract including the roofing ; that Tilley informed the defendant that he was going to employ the…
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Contract upon an account annexed for work and materials. Answer, a general denial. Trial in the Superior Court, before-Putnam, J., who reported the case for the determination of this court, in substance as follows: It appeared in evidence that the defendant made a written contract with J. F. Tilley, by which the latter was to erect a building for him in Hyde Park, the contract including the roofing ; that Tilley informed the defendant that he was going to employ the plaintiffs to do the roofing, and the defendant said that he thought Tilley could get it done as well by others as by the…
1Opinion of the CourtLord, J.
The ruling of the justice of the Superior Court in this case was right. So far as there is any evidence in the case, the work of the plaintiffs was not done at the request of the defendant, nor in law for his benefit, nor was it done upon his promise to pay for it. It was done at the request of Tilley, and for the benefit of Tilley, and upon his promise to pay. If there were ever any privity of contract of any nature between the plaintiffs and the defendant in reference to this claim, it arose from the giving of the due-bill, and there is no other evidence in the case which has any tendency…
2Cited by7 opinions
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- Mike Glynn & Co. v. Hy-Brasil Restaurants, Inc.Massachusetts Appeals Court · 2009
- Linnehan v. MatthewsMassachusetts Supreme Judicial Court · 1889
- Rosano-Davis, Inc. v. SastreMassachusetts District Court, Appellate Division · 2004
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